Victorian Current Acts

MINERAL RESOURCES (SUSTAINABLE DEVELOPMENT) ACT 1990 - SECT 7

S. 7(1) amended by Nos 82/2000 s. 7(1)(a), 59/2010 s. 5.

    (1)     The Minister may, by writing signed by him or her, exempt any land from being subject to a licence.

    (2)     The Minister may grant an exemption for any reason he or she decides to be appropriate, including but not limited to the following reasons—

        (a)     if, in the Minister's opinion, the exemption is required to protect land that is of significant environmental importance;

S. 7(2)(b) amended by No. 68/2014 s. 15(a).

        (b)     if, in the Minister's opinion, the exemption is required for the implementation of a recommendation of the Land Conservation Council of which notice has been given under section 10(3) of the Land Conservation Act 1970 as in force before its repeal;

S. 7(2)(ba) inserted by No. 68/2014 s. 15(b).

        (ba)     if, in the Minister's opinion, the exemption is required for the implementation of a recommendation of the Victorian Environmental Assessment Council under the Victorian Environmental Assessment Council Act 2001 to the extent that it has been accepted by the Government;

S. 7(2)(c) inserted by No. 82/2000 s. 7(1)(b).

        (c)     if, in the Minister's opinion, the exemption is necessary to enable the orderly and optimal development of mineral resources in Victoria.

S. 7(3) substituted by No. 10/2014 s. 5(2).

    (3)     In deciding whether to grant an exemption, the Minister must take into account—

        (a)     the known or potential value of the mineral resources and the impact that the proposed exemption may have on that value; and

        (b)     the social and economic implications of the decision.

    (4)     The Minister must make sure that notice of an exemption is—

        (a)     published in the Government Gazette; and

        (b)     recorded in the mining register.

    (5)     The Minister may revoke an exemption by notice—

        (a)     published in the Government Gazette; and

        (b)     recorded in the mining register.

S. 7(6)
inserted by No. 82/2000 s. 7(2).

    (6)     The Minister may state in a notice revoking an exemption that the land that was the subject of the exemption is to become available for one or more licences on or after the date specified in the notice by the Minister.

S. 7(7)
inserted by No. 82/2000 s. 7(2).

    (7)     The Minister must ensure that a copy of the revocation of an exemption is lodged in the mining register.

S. 7A
inserted by No. 82/2000 s. 8.